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United Kingdom Intellectual Property Office Decisions
You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> JOS THE BOSS (Trade Mark: Opposition) [1999] UKIntelP o17099 (18 June 1999)
URL: http://www.bailii.org/uk/cases/UKIntelP/1999/o17099.html
Cite as: [1999] UKIntelP o17099
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JOS THE BOSS (Trade Mark: Opposition) [1999] UKIntelP o17099 (18 June 1999)
For the whole decision click here: o17099
Trade mark decision
- BL Number
- O/170/99
- Decision date
- 18 June 1999
- Hearing officer
- Mr D Morgan
- Mark
- JOS THE BOSS
- Classes
- 09, 14, 16
- Applicant
- Massa Finance BV
- Opponent
- Hugo Boss AG
- Opposition
- Sections 3(6); 5(2)(a); 5(3) & 5(4)(a)
Result
Section 3(6) - opposition failed
Section 3(6) - opposition failed
Section 5(2)(a) - opposition failed
Section 5(2)(a) - opposition failed
Section 5(3) - opposition failed
Section 5(3) - opposition failed
Section 5(4)(a) - opposition failed
Section 5(4)(a) - opposition failed
Points Of Interest
- None.
Summary
The opponents based their objections on a number of registrations of their mark BOSS, HUGO BOSS, BOSS/HUGO BOSS and HUGO/HUGO BOSS. The Hearing Officer concluded that the marks at issue had their own distinct meanings - the opponents’ by registration, the applicants’; by nature. Visually, aurally and conceptually the marks were quite different, he said he came to the same conclusion under Section 5(3) and 5(4)(a). The Section 3(6) objection was dismissed as the opponents had not discharged the onus upon them to establish their case.